The Allahabad High Court disposed of an application under Section 482 Cr.P.C. directing the trial court to accept a personal bond and sureties furnished in one case as sufficient compliance for five other cases.
Directed that the applicant furnish sureties and personal bond in one case, which shall be deemed adequate compliance for all five cases.
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Neutral Citation No. - 2024:AHC:138433
Court No. - 82
Case :- APPLICATION U/S 482 No. - 23922 of 2024
Applicant :- Vishal Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved to direct the learned trial court to accept a personal bond and two sureties each of like amount to the satisfaction of the learned trial court in any one of the case.
It is submitted that in this case, applicant is accused in several cases in which he has already been granted bail but on account of non-availability of sureties in each and every case he is not being released from jail. Therefore, request to direct the learned trial court to consider the sureties and personal bonds in one case as Crime No. 76 of 2023, under Sections 411, 413, 414, 420, 467, 468, 471 IPC, Police Station Jajmau, District Kanpur Nagar treating the same for all the cases those are 5 in numbers which are as Case Crime No.15 of 2023, Case Crime No.20 of 2023, Case Crime No.54 of 2023, Case Crime No.56 of 2023, Case Crime No.75 2023. He also relied his argument on the case decided by the Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. passed in S.L.P. (Crl.) No.8914-8915/2018 decided on 29.10.2018 in which the learned trial court was directed to accept the surety and personal bond and treating the same for all other cases. Therefore, the same benefit may also be extended to the present accused.
Learned A.G.A. has not disputed the aforesaid legal position settled by the Hon'ble Apex Court.
Keeping in view the submissions made by learned counsel for the parties as well as the legal position as aforesaid, it is directed that applicant/accused shall furnish the surety and personal bond in one case which will be considered in all 5 cases for the purpose of
releasing the accused on bail. If this is done, the said personal bond and sureties may be treated to be valid in all 5 cases wherein he has been granted on bail and the same shall be deemed to be adequate compliance of all other bail orders.
Accordingly, this application is disposed of finally.
Order Date :- 29.8.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to provide personal bond and sureties in one case which shall be valid for five other cases.
Colour shows how this judgement treated each authority
Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P.Relied on¶8
Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. passed in S.L.P. (Crl.) No.8914-8915/2018 decided on 29.10.2018
1 provisions across 1 enactments
Vishal Mishra
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
